AB1034,9,2524
346.93
(2g) Any person violating this section may be required to forfeit not less
25than $20 nor more than $400
and shall have his or her operating privilege:.
AB1034,32
1Section
32. 346.93 (2g) (a) and (b) of the statutes are repealed.
AB1034,33
2Section
33. 767.73 of the statutes is repealed.
AB1034,34
3Section
34. 800.09 (3) (a) of the statutes is amended to read:
AB1034,10,74
800.09
(3) (a) If the operating privilege of a defendant is suspended under this
5section
or s. 800.095, the court may terminate that suspension and substitute an
6installment payment plan for paying the amount of the judgment that takes into
7account the defendant's income.
AB1034,35
8Section
35. 800.09 (3) (b) (intro.) of the statutes is amended to read:
AB1034,10,139
800.09
(3) (b) (intro.) If the operating privilege of a defendant is suspended
10under this section
or s. 800.095, the court shall terminate that suspension and
11substitute an installment payment plan for the payment of the amount of the
12judgment that takes into account the defendant's income if all of the following
13conditions apply:
AB1034,36
14Section
36. 800.095 (1) (a) of the statutes is repealed.
AB1034,37
15Section
37. 800.095 (3) of the statutes is amended to read:
AB1034,10,1816
800.095
(3) Subsection (1)
(a) and (b) does not apply to orders for restitution
17under s. 800.093 or in cases where service of the summons and complaint or citation
18is made by mail as authorized in s. 800.01 (2) (e).
AB1034,38
19Section
38. 938.17 (2) (g) of the statutes is amended to read:
AB1034,11,320
938.17
(2) (g)
Disposition; truancy or school dropout ordinance violations. If
21the municipal court finds that a juvenile violated a municipal ordinance enacted
22under s. 118.163 (1m), it shall enter a dispositional order under s. 938.342 (1d). If
23a municipal court finds that a juvenile violated a municipal ordinance enacted under
24s. 118.163 (2), it shall enter a dispositional order under s. 938.342 (1g), and may enter
25a dispositional order under s. 938.342 (1m) (a), that is consistent with the municipal
1ordinance.
If a municipal court finds that a juvenile violated a municipal ordinance
2enacted under s. 118.163 (2m), it shall enter a dispositional order under s. 938.342
3(2) that is consistent with the municipal ordinance.
AB1034,39
4Section
39. 938.34 (8) of the statutes is amended to read:
AB1034,12,25
938.34
(8) Forfeiture. Impose a forfeiture based upon a determination that
6this disposition is in the best interest of the juvenile and the juvenile's rehabilitation.
7The maximum forfeiture that the court may impose under this subsection for a
8violation by a juvenile is the maximum amount of the fine that may be imposed on
9an adult for committing that violation or, if the violation is applicable only to a person
10under 18 years of age, $100. The order shall include a finding that the juvenile alone
11is financially able to pay the forfeiture and shall allow up to 12 months for payment.
12If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order
13other alternatives under this section; or the court may suspend any license issued
14under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's
15operating privilege, as defined in s. 340.01 (40), for not more than
2 years one year.
16If the court suspends any license under this subsection, the clerk of the court shall
17immediately take possession of the suspended license if issued under ch. 29 or, if the
18license is issued under ch. 343, the court may take possession of, and if possession
19is taken, shall destroy, the license. The court shall forward to the department
which 20that issued the license a notice of suspension stating that the suspension is for failure
21to pay a forfeiture imposed by the court, together with any license issued under ch.
2229 of which the court takes possession. If the forfeiture is paid during the period of
23suspension, the suspension shall be reduced to the time period
which that has
24already elapsed and the court shall immediately notify the department
, which shall
25then, if the license is issued under ch. 29, return the license to the juvenile. Any
1recovery under this subsection shall be reduced by the amount recovered as a
2forfeiture for the same act under s. 938.45 (1r) (b).
AB1034,40
3Section
40. 938.34 (8d) (d) of the statutes is amended to read:
AB1034,12,194
938.34
(8d) (d) If the juvenile fails to pay the surcharge under par. (a), the court
5may vacate the surcharge and order other alternatives under this section, in
6accordance with the conditions specified in this chapter; or the court may suspend
7any license issued under ch. 29 for not less than 30 days nor more than 5 years, or
8suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less
9than 30 days nor more than
5 years one year. If the court suspends any license under
10this subsection, the clerk of the court shall immediately take possession of the
11suspended license if issued under ch. 29 or, if the license is issued under ch. 343, the
12court may take possession of, and if possession is taken, shall destroy, the license.
13The court shall forward to the department
which
that issued the license a notice of
14suspension stating that the suspension is for failure to pay a surcharge imposed by
15the court, together with any license issued under ch. 29 of which the court takes
16possession. If the surcharge is paid during the period of suspension, the suspension
17shall be reduced to the time period
which that has already elapsed and the court shall
18immediately notify the department
, which shall then, if the license is issued under
19ch. 29, return the license to the juvenile.
AB1034,41
20Section
41. 938.34 (14r) (a) of the statutes is amended to read:
AB1034,13,321
938.34
(14r) (a) In addition to any other dispositions imposed under this
22section, if the juvenile is found to have violated ch. 961
and the violation involved a
23motor vehicle, the court may suspend the juvenile's operating privilege, as defined
24in s. 340.01 (40), for not less than 6 months nor more than 5 years. If a court suspends
25a person's operating privilege under this paragraph, the court may take possession
1of any suspended license. If the court takes possession of a license, it shall destroy
2the license. The court shall forward to the department of transportation the notice
3of suspension stating that the suspension or revocation is for a violation of ch. 961.
AB1034,42
4Section
42. 938.342 (1g) (a) of the statutes is repealed.
AB1034,43
5Section
43. 938.342 (2) of the statutes is repealed.
AB1034,44
6Section
44. 938.343 (2) of the statutes is amended to read:
AB1034,13,237
938.343
(2) Forfeiture. Impose a forfeiture not to exceed the maximum
8forfeiture that may be imposed on an adult for committing that violation or, if the
9violation is only applicable to a person under 18 years of age, $50. The order shall
10include a finding that the juvenile alone is financially able to pay and shall allow up
11to 12 months for the payment. If a juvenile fails to pay the forfeiture, the court may
12suspend any license issued under ch. 29 or suspend the juvenile's operating privilege,
13as defined in s. 340.01 (40), for not more than
2 years one year. The court shall
14immediately take possession of the suspended license if issued under ch. 29 or, if the
15license is issued under ch. 343, the court may take possession of, and if possession
16is taken, shall destroy, the license. The court shall forward to the department
which 17that issued the license the notice of suspension stating that the suspension is for
18failure to pay a forfeiture imposed by the court, together with any license issued
19under ch. 29 of which the court takes possession. If the forfeiture is paid during the
20period of suspension, the court shall immediately notify the department, which shall,
21if the license is issued under ch. 29, return the license to the person. Any recovery
22under this subsection shall be reduced by the amount recovered as a forfeiture for
23the same act under s. 938.45 (1r) (b).
AB1034,45
24Section
45. 938.344 (2) (a) of the statutes is amended to read:
AB1034,14,4
1938.344
(2) (a) For a first violation, a forfeiture of not more than $50
,
2suspension of the juvenile's operating privilege under s. 343.30 (6) (b) 1., or
3participation in a supervised work program or other community service work under
4s. 938.34 (5g).
AB1034,46
5Section
46. 938.344 (2) (b) of the statutes is amended to read:
AB1034,14,116
938.344
(2) (b) For a violation committed within 12 months of one previous
7violation, a forfeiture of not more than $100 or participation in a supervised work
8program or other community service work under s. 938.34 (5g).
In addition, the
9juvenile's operating privilege may be suspended under s. 343.30 (6) (b) 2., except that
10if the violation of s. 125.07 (4) (b) involved a motor vehicle the juvenile's operating
11privilege shall be suspended under s. 343.30 (6) (b) 2.
AB1034,47
12Section
47. 938.344 (2) (c) of the statutes is amended to read:
AB1034,14,1813
938.344
(2) (c) For a violation committed within 12 months of 2 or more
14previous violations, a forfeiture of not more than $500 or participation in a
15supervised work program or other community service work under s. 938.34 (5g).
In
16addition, the juvenile's operating privilege may be suspended under s. 343.30 (6) (b)
173., except that if the violation of s. 125.07 (4) (b) involved a motor vehicle the juvenile's
18operating privilege shall be suspended under s. 343.30 (6) (b) 3.
AB1034,48
19Section
48. 938.344 (2b) (a) of the statutes is amended to read:
AB1034,14,2320
938.344
(2b) (a) For a first violation, a forfeiture of not less than $250 nor more
21than $500
, suspension of the juvenile's operating privilege under s. 343.30 (6) (b) 1., 22or participation in a supervised work program or other community service work
23under s. 938.34 (5g).
AB1034,49
24Section
49. 938.344 (2b) (b) of the statutes is amended to read:
AB1034,15,6
1938.344
(2b) (b) For a violation committed within 12 months of one previous
2violation, a forfeiture of not less than $300 nor more than $500 or participation in a
3supervised work program or other community service work under s. 938.34 (5g).
In
4addition, the juvenile's operating privilege may be suspended under s. 343.30 (6) (b)
52., except that if the violation involved a motor vehicle the juvenile's operating
6privilege shall be suspended under s. 343.30 (6) (b) 2.
AB1034,50
7Section
50. 938.344 (2b) (c) of the statutes is amended to read:
AB1034,15,138
938.344
(2b) (c) For a violation committed within 12 months of 2 or more
9previous violations, a forfeiture of $500 or participation in a supervised work
10program or other community service work under s. 938.34 (5g).
In addition, the
11juvenile's operating privilege may be suspended under s. 343.30 (6) (b) 3., except that 12if the violation involved a motor vehicle the juvenile's operating privilege shall be
13suspended under s. 343.30 (6) (b) 3.
AB1034,51
14Section
51. 938.344 (2d) (a) of the statutes is amended to read:
AB1034,15,1815
938.344
(2d) (a) For a first violation, a forfeiture of not less than $100 nor more
16than $500
, suspension of the juvenile's operating privilege under s. 343.30 (6) (b) 1., 17or participation in a supervised work program or other community service work
18under s. 938.34 (5g).
AB1034,52
19Section
52. 938.344 (2d) (b) of the statutes is amended to read:
AB1034,15,2320
938.344
(2d) (b) For a violation committed within 12 months of a previous
21violation, a forfeiture of not less than $300 nor more than $500
, suspension of the
22juvenile's operating privilege under s. 343.30 (6) (b) 2., or participation in a
23supervised work program or other community service work under s. 938.34 (5g).
AB1034,53
24Section
53. 938.344 (2d) (c) of the statutes is amended to read:
AB1034,16,4
1938.344
(2d) (c) For a violation committed within 12 months of 2 or more
2previous violations, a forfeiture of $500
, suspension of the juvenile's operating
3privilege under s. 343.30 (6) (b) 3., or participation in a supervised work program or
4other community service work under s. 938.34 (5g).
AB1034,54
5Section
54. 938.344 (2e) (a) (intro.) of the statutes is amended to read:
AB1034,16,106
938.344
(2e) (a) (intro.) If a court finds a juvenile committed a violation under
7s. 961.573 (2), 961.574 (2)
, or 961.575 (2), or a local ordinance that strictly conforms
8to one of those statutes
and the violation involved a motor vehicle, the court
shall may
9suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less
10than 6 months nor more than 5 years
and, in addition, shall.
AB1034,16,13
11(am) If a court finds a juvenile committed a violation under s. 961.573 (2),
12961.574 (2), or 961.575 (2), or a local ordinance that strictly conforms to those
13statutes, the court shall order one of the following penalties:
AB1034,55
14Section
55. 938.344 (2e) (a) 1., 2. and 3. of the statutes are renumbered 938.344
15(2e) (am) 1., 2. and 3.
AB1034,56
16Section
56. 938.355 (6) (d) 2. of the statutes is amended to read:
AB1034,17,417
938.355
(6) (d) 2. Suspension of or limitation on the use of
the juvenile's
18operating privilege, as defined under s. 340.01 (40), or of any approval issued
to the
19juvenile under ch. 29 for a period of not more than 3 years.
If the juvenile does not
20hold a valid operator's license under ch. 343, other than an instruction permit under
21s. 343.07 or a restricted license under s. 343.08, on the date of the order issued under
22this subdivision, the court may order the suspension to begin on the date on which
23the juvenile is first eligible for issuance or reinstatement of an operator's license
24under ch. 343. If the court suspends
the juvenile's operating privileges or an
25approval issued under ch. 29, the court shall immediately take possession of the
1suspended approval
and may take possession of, and if possession is taken, shall
2destroy, the suspended license. The court shall forward to the department that
3issued the
license or approval the notice of suspension, together with any approval
4of which the court takes possession.
AB1034,57
5Section
57. 938.355 (6m) (a) 1m. of the statutes is amended to read:
AB1034,17,186
938.355
(6m) (a) 1m. Suspension or limitation on
the use of the juvenile's
7operating privilege, as defined under s. 340.01 (40), or of any approval issued
to the
8juvenile under ch. 29 for not more than one year.
If the juvenile does not hold a valid
9operator's license under ch. 343, other than an instruction permit under s. 343.07 or
10a restricted license under s. 343.08, on the date of the order issued under this
11subdivision, the court may order the suspension or limitation to begin on the date on
12which the juvenile is first eligible for issuance or reinstatement of an operator's
13license under ch. 343. If the court suspends
a juvenile's operating privilege or an
14approval issued under ch. 29, the court shall immediately take possession of the
15suspended approval
and may take possession of, and if possession is taken, shall
16destroy, the suspended license. The court shall forward to the department that
17issued the
license or approval a notice stating the reason for and the duration of the
18suspension, together with any approval of which the court takes possession.
AB1034,58
19Section
58. 938.355 (6m) (ag) of the statutes is amended to read:
AB1034,18,720
938.355
(6m) (ag)
Violation of truancy order. If the court finds by a
21preponderance of the evidence that a juvenile who has been found to have violated
22a municipal ordinance enacted under s. 118.163 (1m) has violated a condition
23specified under sub. (2) (b) 7., the court may order as a sanction any combination of
24the operating privilege suspension specified in par. (a) and the dispositions specified
25in s. 938.342 (1g) (b) to (k) and (1m), regardless of whether the disposition was
1imposed in the order violated by the juvenile. A sanction may be imposed under this
2paragraph only if at the dispositional hearing under s. 938.335 the court explained
3those conditions to the juvenile and informed the juvenile of the possible sanctions
4under this paragraph for a violation or if before the violation the juvenile has
5acknowledged in writing that he or she has read, or has had read to him or her, those
6conditions and possible sanctions and that he or she understands those conditions
7and possible sanctions.
AB1034,59
8Section
59. 938.364 of the statutes is repealed.
AB1034,60
9Section
60. 943.21 (3m) (a) 2., (b), (c) and (d) of the statutes are amended to
10read:
AB1034,18,1411
943.21
(3m) (a) 2. “Repeat offense
with a vehicle" means a violation of sub. (1m)
12(d)
that involves or occurs in a vehicle and that occurs after a person has been found
13by a court to have violated sub. (1m) (d)
if that previous violation involved or occurred
14in a vehicle.
AB1034,18,1815
(b)
Driver's license suspension; 2nd offense. Subject to pars. (c) and (d), if a
16person commits a repeat offense
with a vehicle, the court, in addition to imposing any
17penalty under sub. (3) (bm), may suspend the person's operating privilege for not
18more than 6 months.
AB1034,18,2319
(c)
Driver's license suspension; 3rd offense. Subject to par. (d), if a person
20violates sub. (1m) (d) after having been found by a court to have committed an offense
21that constitutes a repeat offense
with a vehicle, and the current violation involves
22or occurs in a vehicle, the court, in addition to imposing any penalty under sub. (3)
23(bm), shall suspend the person's operating privilege for not more than 6 months.
AB1034,19,324
(d)
Driver's license suspension; 4th offense. If a person violates sub. (1m) (d)
25after having his or her operating privilege suspended under par. (c),
and the current
1violation involves or occurs in a vehicle, the court, in addition to imposing any
2penalty under sub. (3) (bm), shall suspend the person's operating privilege for one
3year.
AB1034,61
4Section
61. 961.50 (1) (intro.) of the statutes is amended to read:
AB1034,19,135
961.50
(1) (intro.) If a person is convicted of any violation of this chapter
and
6the violation involved or occurred in a vehicle, the court may, in addition to any other
7penalties that may apply to the crime, suspend the person's operating privilege, as
8defined in s. 340.01 (40), for not less than 6 months nor more than 5 years. If a court
9suspends a person's operating privilege under this subsection, the court may take
10possession of any suspended license. If the court takes possession of a license, it shall
11destroy the license. The court shall forward to the department of transportation the
12record of conviction and notice of the suspension. The person is eligible for an
13occupational license under s. 343.10 as follows: